Barry Fivecoat

Our story began in October of 2016 in a development called Premiere At Summer Breeze in Phoenix, Arizona. It’s a small 150 home development built by Pulte. I’m an original owner and have been here for 25 years. Our home will be ours in 2018.

For the better part of 2015 and 2016 there were only two members on the Board. Our project documents require at least three. Nothing was done probably due to apathy. For my part, I was notified in 2015 to paint my home. I did so in May of 2015 by myself and in the original color. In August, I was again assaulted with a rather threatening Email, however after protesting this, the matter was dropped.

In May of 2016 I received a letter demanding proof that I had painted. After a protracted volley of Emails, I was told I needed to prove I had painted. My response was to tell the Property Management Company, Spectrum, to go pound sand. I’m under no obligation to prove anything. I’m certain of this as I know the project documents quite well. Again, the matter was unceremoniously closed.

The real issues began after I ran for and won the third seat on our Board as a write-in candidate. In the time between the election and the first meeting of 2017, the board of two had recruited two other people making it a board of five. They’d also reduced the number of meetings for the year to four from the previous six meetings per year. Six meetings per year had been the standard for the twenty-five years that this development has existed. Going further yet, they developed a written code of ethics that was in direct opposition to the indemnification clause contained not only in state law but in our own documents. This had also never been done. All signed it but me. You see, I’m known to be anti-HOA and it seems this was causing this board some fear. Apparently not satisfied that I hadn’t signed this travesty of a document, in March of 2017 all residents received a packet from a law firm with a proposed amendment to our Bylaws. These Bylaws have never been updated or amended in the twenty-five year of this development’s existence. The amendment in question would disallow anyone not “in good standing” from even running for the board. In addition, it contained the phrase, and I quote “A member is in violation of the Governing Documents if the member is in actual violation or expresses the intent of ignoring, or refusing to comply with the Governing Documents. Further, all Directors shall sign a Code of Conduct in order to serve on the Board. A Director shall be deemed not in good standing if he or she breaches a code of conduct, as defined by the Board from time to time”.

What, no thought crime? How many of you reading this find this wording outrageous? These people have no right to harp on morality or ethics, either. In late 2015, they used Association funds to erect a memorial to a young man residing here who had been killed. I knew this young man. He was born here. The question is how does this benefit the entire community? Or, was it because the then president was friends with this young man and his parents. Although I can’t prove it yet, this amendment to the Bylaws was done without a meeting and is strictly against our Bylaws.

Further, on March 22, 2017 the project inspector, who sports Texas plates, approached an owner seeking to go into her back yard and take pictures of the adjacent lot belonging to a family named Herrick. They are savvy concerning the project docs and have been going through an issue similar to my own with house painting. Clearly, this is harassment. And, of course, the property management company is not abiding by our own Bylaws nor are they heeding state law in an instance or two. The prop managers (more likely the Board) are also trying to force the Herrick’s neighbor to paint when she had already done so just a few years ago. This also begs the question: what other owners have been affected and unjustly at that? We think there’s an agenda to change the fundamental color scheme; unfortunately, we can’t prove it.

This covers most of what’s happening in our little corner of hell. Some of us that are dissatisfied with events are just beginning to unify. A small group of us have spoken but have not yet organized. Mass mailing and a recall may be in order. Perhaps calling a special meeting to discuss these issues is in order. I’ve consulted an attorney, but it’s always a risk to go to court.